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Is it true for every state that if a mother wasn't married to the father, she will be granted primary custody? (aside from visitation orders of course)

Answer Question

Asked by Anonymous at 12:34 AM on Jan. 13, 2010 in Babies (0-12 months)

Answers (5)
  • good question. i guess if his names not on the birth cert as the dad then you have primary custody.

    Answer by snoober_k at 12:35 AM on Jan. 13, 2010

  • IF there is no papers even if he is on the BC you still have primary coustody. A cop even told my ex that.

    Answer by Mrs.Owen86 at 12:40 AM on Jan. 13, 2010

  • My fiance and I were not married when our son was born. I had to sign extra paperwork stating that to the best of my knowledge, he was the father. He had to sign extra paperwork and the birth certificate both.
    They also had to send us each home with a copy of the discharge paperwork, etc. so we each had one.
    So I am assuming that after we left the hopital if we were to split up there would be a legal custody battle.

    Answer by jenellemarie at 1:14 AM on Jan. 13, 2010

  • That isnt true at all. IF the fathers name is on the birth certificate, then he has the same rights you do until you get custody established through the court. Meaning, legally he could take the child for any amount of time he wishes and you have absolutely no say so in it.

    If his name is not on the birth certificate, then he has no rights. No right to support, no right to visit.

    Custody can only be established through the courts. You cannot do it on your own. You will need to go before a judge. You cannot automatically assume you have primary custody if the father is on the birth certificate.

    Answer by Anonymous at 1:40 AM on Jan. 13, 2010

  • I am anon 8:40.... I am a paralegal. Cops will not always tell you the right, fully legal answers. They do not know a lot regarding custody. They will simply tell the mother that you have custody because the child lives with you, which is not true at all. LEGALLY speaking whoever is listed as the father on the birth certificate has the exact same rights as the mother, however if custody is not established and the father is on the birth certificate the father cannot go to the cops and say you kidnapped the child.

    That is probably where the cop was getting his answer. It doesnt give you primary custody, there is just nothing the father can do about visitation unless he goes through the courts.

    Answer by Anonymous at 1:43 AM on Jan. 13, 2010

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